Lodi Municipal Code Art. V Denial, Suspension, and Revocation of License

When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of the denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the denial became final.

(Ord. 1696 § 6 (part), 2000)

The chief of police shall suspend a license for a period not to exceed thirty days if he or she determines that a licensee or an employee of a licensee has:

A. Violated or is not in compliance with any section of this chapter; or

B. Refused to allow an inspection of the adult-oriented business premises as authorized by this chapter.

(Ord. 1696 § 6 (part), 2000)

A. The chief of police shall revoke a license if a cause of suspension in Section 5.40.505 occurs and the license has been suspended within the preceding twelve months.

B. The chief of police shall revoke a license for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:

1. A licensee knowingly gives false, misleading, or fraudulent information in the material submitted during the application process, or in any report or record required to be filed with the city;

2. A licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make reasonable effort to prevent the occurrence of, any of the following acts on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the performer has engaged in one of the activities described below while on the premises of an adult-oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of adult motels unless the licensee or employee of the adult motel knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view,

b. Use of the adult-oriented business as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur,

c. The occurrence of specified criminal activities, including acts of lewdness, assignation, or prostitution, or acts relating to obscene matter or distribution of harmful matter to minors;

3. A licensee knowingly operated, performed or was employed at the adult-oriented business during a period of time when the licensee's license was suspended.

C. When the chief of police revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult-oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.

(Ord. 1696 § 6 (part), 2000)

On determining that grounds for license revocation or suspension exist, the chief of police shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing to be conducted by a hearing officer appointed pursuant to Lodi Municipal Code Chapter 2.34, and the grounds upon which the hearing is based, the pertinent code sections at issue, and a brief summary of the facts in support of the suspension or revocation. The notice shall be mailed, postage prepaid, to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten working days prior to the hearing date. At the hearing, all parties shall have the right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witnesses.

Notice of the hearing officer's decision shall be mailed to the applicant or licensee no later than seven days after the hearing. If the hearing officer finds and determines that there are grounds for disciplinary action, the chief of police shall do either of the following:

A. Suspend the license for a specified period of time not to exceed three months for the first offense;

B. Revoke the license for the second offense.

(Ord. 1696 § 6 (part), 2000)

All decisions of the chief of police to issue, renew, deny, suspend or revoke a licensee are final within thirty calendar days. After any denial, or a suspension or revocation, the applicant or licensee may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8 in any court of competent jurisdiction as provided by law. Notwithstanding the applicant's or licensee's right to initiate judicial review, the city shall, upon the written request of an aggrieved applicant or licensee, within three business days of its receipt of the request, file an action with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.

If the city denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth herein that the city commence such actions, then the city shall issue a temporary license. This temporary license shall remain in effect only until the court in which the action is pending renders a judicial decision on application for a temporary restraining order, a motion for preliminary injunction, etc., as to the propriety of the denial.

If, upon request, the city files such action seeking judicial review or the aggrieved applicant or licensee files the action, the city's revocation or suspension of the license will be stayed pending a judicial decision on the propriety of the denial based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.

Any temporary license issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary license.

(Ord. 1696 § 6 (part), 2000)

The city deems confidential license applications required by Articles III and IV above and all information contained therein. Absent an order from a court of competent jurisdiction, the city shall not disclose for public view the applications or the information contained therein.

(Ord. 1696 § 6 (part), 2000)